FOOTNOTES:
[49] This _plan of a treaty_ is contained at length in the _Secret Journals of Congress_, Vol. II. p. 7. It is accompanied with a draft of instructions to the commissioners, who were to propose it, in which modifications are suggested.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Pa.s.sy, February 16th, 1778.
Gentlemen,
We have now the pleasure of sending you the treaties of amity and alliance, which France completed after long deliberation, and signed the 6th instant. This is an event, which will give our States such an appearance of stability, as must strengthen our credit, encourage other powers in Europe to ally themselves with us, weaken the hopes of our internal as well as our external enemies, fortify our friends, and be in many other respects so advantageous to us, that we congratulate you upon it most heartily. And we flatter ourselves, that the Congress will approve of the terms, and despatch the ratifications as soon as possible.
It is understood that Spain is shortly to accede to the same treaties.
We have in ours of December 18th, mentioned the reasons of her delay, which still subsist, but will probably not subsist much longer. These treaties continue a secret here, and may do so till the commencement of the war, which is daily expected. Our little fleet formerly mentioned, which has been long watched and detained in Nantes" river, by the English cruising off Belisle, is now on the point of sailing under the convoy of a French squadron. As the English are pretty strong in the Bay, it is probable that their attack, and the French defence of our ships, may be the prelude of a Declaration on both sides.
Having received part of the 3,000,000 livres we formerly mentioned to you, we have furnished Mr W. Lee, and Mr Izard with 2,000 guineas each for the expenses of the missions to Germany and Italy. And as we have received intimations from Holland, that the appearance of one of us there might at this juncture have good effects, we have resumed the purpose formerly communicated to you, and as soon as our treaty with France is known, and the winter over, probably either Mr Deane or Mr Franklin will make a journey thither.
But as we apprehend it may be known here, by some means or other, should we furnish the expense of these emba.s.sies out of the aids received from this Court, which we think not reputable to the Congress, we must again press you to make us the necessary remittances to replace what we have borrowed from the fund destined for your supplies. And particularly we pray more earnestly, that you would forward as soon as possible the 5,000 hhds of tobacco for the Farmers-General, who will soon be in want of it, and who long since advanced us a million for your use. Our honor is concerned in the fulfilment of this contract.
The seizing and delivering up to the English two prizes taken by Captain Babson, on account of their being illegally entered under a false declaration, made a good deal of noise among our people in the ports, and gave unfavorable impressions of the friendship of this Court, which possibly may extend to America. We think it therefore necessary to inform you, that though the confiscation of these prizes on the above account, is _said to be_ agreeable to the laws here, yet the king, after a condemnation, had the power of disposing of the produce, for what purpose, political or otherwise, he might think proper, and accordingly restored it at this juncture, perhaps usefully, to the English claimants. Yet as it is thought a hard case with respect to the captors, a beginning is made of indemnification, and we hope on the same principle on which we are to receive soon a part, 50,000, we shall be able in time to recover the whole.
We have, to avoid disputes at a particular time, delivered up the cargo brought by the Amphitrite to M. Beaumarchais. We hear he has sent over a person to demand a great sum of you on account of arms, ammunition, &c. We think it will be best for you to leave the demand to be settled by us here, as there is a mixture in it of public and private concern, which you cannot so well develop.
We send you herewith a great many newspapers; you will see Lord North"s only answer to our application about the prisoners; as also the success of a subscription set on foot in England by our friends for their relief. They are at present pretty comfortably provided for.
By our late advices from England, the ministers began to be alarmed for their country and perhaps for themselves. Some of their emissaries have been here to sound us, and endeavor to get from some of us propositions on which to found a treaty; which we evaded generally, as not being empowered to make any; and apprehending withal, that even reasonable ones, proposed by us, might be used improperly by the ministry to exasperate, instead of conciliating the pride of the nation, choosing still to consider us as subjects. Many of the speakers in parliament of both Houses seem to look upon a French war at this juncture, when so much of their force is abroad, and their public credit so shaken, as immediate ruin. And we are a.s.sured by the last post, from good authority, that even Lord Mansfield, who in the beginning of this business was so valiant, spoke lately in private to Lord Camden of the absolute necessity of an immediate coalition of parties, to prevent the great impending danger to the nation, from an alliance between the House of Bourbon and the Americans, which he said he had good information was on the point of being concluded.
We have the honor of being, with the highest esteem, Gentlemen, your most obedient humble servants.
B. FRANKLIN, SILAS DEANE, ARTHUR LEE.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Pa.s.sy, 28th February, 1778.
Gentlemen,
Our despatches of December 18th, which would have acquainted you with the state of our affairs here, and our expectations of a speedy conclusion of the treaties with this Court, are unfortunately returned; the French man of war, which went on purpose to carry them, having met with some disasters at sea, which obliged her to put back, after a long struggle of six weeks against contrary winds. We now have obtained another ship to sail with them immediately, and with our fresh despatches, containing the treaties themselves, which were happily concluded and signed the 6th instant, though hitherto, for some political reasons, kept a secret from the public.
The English Parliament adjourned in December for six weeks. During that time, their ministers strained every nerve to raise men for their armies, intending to continue the war with vigor. Subscriptions were set on foot to aid Government in the expense, and they flattered themselves with being able to enlist ten thousand volunteers; but whether they found this impracticable, or were discouraged by later accounts from America, or had some intimations of our treaties here, their vaunts and threats are suddenly abated, and on the 17th Lord North made a long discourse, acknowledging the errors of their former conduct in the war with America, and proposing to obtain peace, by the means of two bills, of which we enclose copies.
We make no remarks on these bills. The judgment of the Congress can be at no loss in determining on the conduct necessary to be held with regard to them. And we are confident, that they will not answer the purpose of _dividing_ in order to _subjugate_, for which they are evidently intended. Our States have now a solid support for their liberty and independence in their alliance with France, which will be certainly followed by that of Spain, and the whole House of Bourbon, and probably by that of Holland, and the other powers of Europe, who are interested in the freedom of commerce, and in keeping down the power of Britain. Our people are happy in the enjoyment of their new const.i.tutions of Government, and will be so in their extended trade and navigation, unfettered by English arts and Custom-house officers.
They will now never relish the Egyptian bondage, from which they have so happily escaped. A long peace will probably be the consequence of their separation from England, as they have no cause of quarrel with other nations; an immediate war with France and Spain, if they join again with England, and a share in all her future wars, her debts, and her crimes. We are, therefore, persuaded that their commissioners will be soon dismissed, if at all received; for the sooner the decided part taken by Congress is known in Europe, the more extended and stable will be their credit, and their conventions with other powers more easy to make, and more advantageous.
Americans are every where in France treated with respect and every appearance of affection. We think it would be well to advise our people in all parts of America, to imitate this conduct with regard to the French, who may happen to be among us. Every means should be used to remove ancient prejudices, and cultivate a friendship that must be so useful to both nations. Some transactions here, during the last four or five months, in the rigorous observance of treaties, with regard to the equipments of our armed vessels in the ports, and the selling of our prizes, have no doubt made ill impressions on the minds of our seamen and traders, relative to the friendship of this Court.
We were then obliged to observe a secrecy, which prevented our removing those prejudices, by acquainting our people with the substantial aids France was privately affording us; and we must continue in the same situation, till it is thought fit to publish the treaties. But we can, with pleasure, now acquaint you that we have obtained full satisfaction, viz. 400,000 livres for the owners of the prizes confiscated here, for a breach of the laws by a false declaration, (they being entered as coming from Eustatia) and the payment will be made to the owners in America. We mean the prizes taken by Captains Babson and Hendricks, in the Boston and Hanc.o.c.k privateers, which prizes, after confiscation, were, from reasons of state, restored to the English. This is a fresh proof of the good will and generosity of this Court, and their determination to cultivate the friendship of America.
The preparations for war continue in the ports with the utmost industry; and troops are marching daily to the sea-coasts, where three camps are to be formed. As France is determined to protect her commerce with us, a war is deemed inevitable.
Mr William Lee, we suppose, acquaints you with the decease of Mr Morris, his colleague in the commercial agency. On our application to the ministry, an order was obtained to put Mr Lee in possession of his papers. If that department has been found useful, and likely to continue so, you will no doubt appoint one or more persons to take care of the business, as Mr Lee has now another destination. Perhaps the general commerce, likely to be soon opened between Europe and America, may render such an appointment unnecessary.
We would just add, for the consideration of Congress, whether considering the mention of Bermudas in one of the articles, it may not be well to take possession, with the consent of the inhabitants of that island, and fortify the same as soon as possible, and also to reduce some, or all of the English fishing posts in or near Newfoundland.
We have the honor to be, &c.
B. FRANKLIN, SILAS DEANE, ARTHUR LEE.
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.
York, 2d March, 1778.
Sir,
The Committee of Secret Correspondence, which almost a year ago was denominated the "Committee for Foreign Affairs," stands indebted to you for many letters, both of interesting advice and ingenious speculation. Happening to be the only member of that Committee at this time present in Yorktown, I now take up my pen, not to form apologies for their long past silence, so much as to make a beginning of the act of justice due to you. I really fear that the collected ingenuity of the members will be put to it to offer, for a main excuse, any thing better than that they relied upon your getting frequent intelligence of the state of our affairs from the Commercial Committee. In short, sir, I am so deeply concerned with the gentlemen in this affair, that I know what they ought to do; and I am so well acquainted with their just manner of thinking, that I will venture to confess in their name, that their past omission of corresponding with you, is, in a considerable measure, unaccountable. It is certainly better to step forward towards a man of candor, in the straight line of honest confession, than in the zigzag track of awkward apology.
Your letters, exclusive of their intrinsic merit, have been more peculiarly acceptable to Congress, from the circ.u.mstance of our having been deprived of the satisfaction of receiving intelligence from the hands of our Commissioners in Paris since May of last year. Besides those of their despatches, which have been lost at sea, we know one has been examined and culled by some perfidious villain, who subst.i.tuted plain sheets of paper for the real letters of our friends.
This was probably done in Europe, before the bearer of it, a Captain John Folger, embarked with it for America.
Your ideas of the policy of the Court of Versailles appear quite just, from the corroborating testimony of whatever information we can collect in any way.
The course of Gazettes, which accompany this, will so well communicate our home affairs, that I shall not enlarge upon them. I will only say, in brief, that you may rest a.s.sured, independence is so absolutely adopted by America, as to leave no hope for Britain that we shall ever relinquish our claim. It must, therefore, be only to delude her own islanders and neighbors, that she pretends to expect the contrary.
In addition to the misfortune which you mention respecting the Lexington, we are told of a greater, and one which will more intimately affect you, respecting the Reprisal, which is said to have foundered on the 1st of October. Your acquaintance with Captain Wickes will lead you to lament greatly the loss of so valuable an officer and so worthy a man. I enclose you a list of your letters as they came to hand, both for your own satisfaction and to command your belief of my regard for you, as a faithful corresponding agent, and of my professions of being, Sir, &c.
JAMES LOVELL, _For the Committee of Foreign Affairs_.
M. GERARD TO THE COMMISSIONERS.
Translation.
Versailles, March 17th, 1778.
Gentlemen,
I am charged to acquaint you, that you will be presented to the King next Friday, if you will have the goodness to render yourselves here at ten o"clock in the morning. Count de Vergennes hopes you will do him the honor to dine with him on the same day.
I have the honor to be, with high consideration, &c.
GERARD.